Request to Nullify the Decree of Declaration of Absolute Nullity of Marriage in Civil Case No. 04-2578

SECOND DIVISION

[A.M. No. 13-9-220-RTC. November 20, 2013.]

REQUEST TO NULLIFY THE DECREE OF DECLARATION OF ABSOLUTE NULLITY OF MARRIAGE IN CIVIL CASE NO. 04-2578, RTC-BR. 15, COTABATO CITY

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated 20 November 2013 which reads as follows:

A.M. No. 13-9-220-RTC — (Request to Nullify the Decree of Declaration of Absolute Nullity of Marriage in Civil Case No. 04-2578, RTC-Br. 15, Cotabato City)

On January 31, 2013, the Office of the Court Administrator (OCA) received a letter 1 from the British Embassy in Manila requesting for confirmation of authenticity of the Certificate of Finality and Judgment which were allegedly issued by the Regional Trial Court (RTC), Branch 15, Cotabato City in Civil Case No. 04-2578, and submitted to it by Susan E. Mercado (Mercado) in support of her application for Entry Clearance to the United Kingdom. The said Judgment dated December 11, 2008 and penned by Judge Cadar P. Indar (Judge Indar) declared the marriage between Mercado and Adamson V. Sucaldito (Sucaldito) as void on the ground of psychological incapacity, while the Certificate of Finality issued by Umaima L. Silongan, Acting Clerk of Court, stated that the Judgment has become final and executory. IcDESA

The OCA referred the British Embassy's letter-inquiry to Judge George C. Jabido (Judge Jabido) of the RTC, Branch 15, Shariff Aguak, Maguindanao, which is stationed in Cotabato City, for comment and verification. In a letter 2 dated April 19, 2013, Judge Jabido informed the OCA that Civil Case No. 04-2578 does not exist in the civil docket of RTC, Branch 15, Cotabato City. The OCA thereafter forwarded Judge Jabido's letter to the British Embassy in Manila.

On July 2, 2013, Mr. Andrew Hart (Mr. Hart), Immigration Liaison Officer, British Embassy, Manila, acknowledged receipt of the OCA's confirmation that Civil Case No. 04-2578 does not exist in the civil docket of RTC, Branch 15, Cotabato City. At the same time, Mr. Hart requested that an investigation be conducted regarding the fraudulently issued annulment decree by Judge Indar. 3 HCATEa

The OCA thus conducted an inventory of Annulment of Marriage/Declaration of Nullity of Marriage and Adoption cases at the Office of the Clerk of Court, RTC, Cotabato City, Branches 13 and 14, and Branch 15, RTC, Shariff Aguak. The results of the inventory disclosed that Civil Case No. 04-2578 does not exist, thus confirming the prior report of Judge Jabido.

In the OCA's Memorandum dated August 30, 2013, it made the following recommendations, viz.:

WHEREFORE, IN LIGHT OF THE FOREGOING, it is respectfully recommended to the Honorable Court that:

1. The 11 December 2008 annulment decree issued by former Judge Cadar P. Indar, Branch 15, Regional Trial Court, Cotabato City, declaring the marriage of Susan E. Mercado and Adamson V. Sucaldito null and void on the ground of psychological incapacity as evidenced in Civil Case No. 04-2578, be DECLARED NULL and VOID and SET ASIDE;

2. All other judgments granting the annulment or declaration of nullity of marriages issued by former Judge Cadar P. Indar, Branch 15, Regional Trial Court, Cotabato City, which do not exist in the civil docket of Regional Trial Court, Branch 15, Shariff Aguak, Maguindanao, stationed in Cotabato City, be DECLARED NULL and VOID and SET ASIDE; ITScHa

3. The letter dated [2] July 2013 of Mr. Andrew Hart, Immigration and Liaison Officer, Risk & Liaison Overseas Network, British Embassy Manila, be NOTED, and that Mr. Hart be FURNISHED a copy of the resolution that will be issued by the Court declaring null and void the annulment decree issued by former Judge Cadar P. Indar on 11 December 2008; and

4. A copy of the same resolution be FURNISHED Hon. George C. Jabido, Acting Presiding Judge of Branch 15, Regional Trial Court, Shariff Aguak, Maguindanao, stationed in Cotabato City, the Office of the Court Administrator, and the Civil Registrar General, National Statistics Office, for their information and guidance. 4

The OCA submitted the foregoing recommendations based on its findings, viz.:

[I]n A.M. No. RTJ-10-2232 dated 10 April 2012, the Honorable Supreme Court En Banc found Judge Indar guilty of Gross Misconduct and Dishonesty for issuing numerous decisions on annulment of marriage cases where no judicial proceedings were conducted and no petitions were even filed before his court. As a result, the Honorable Court ordered his 'dismissal from the service . . . with prejudice to re-employment in any branch of the government, including government-owned or controlled corporations.' He was likewise disbarred . . . and his name was ordered stricken from the Roll of Attorneys. In A.M. No. RTJ-10-2232, there was no mention of the effect of Judge Indar's dismissal from the service on the spurious annulment decrees issued by him as Presiding Judge of Branches 14 and 15, RTC, Cotabato City and said annulment decrees were not declared null and void. TSIEAD

When a court renders a decision or issues a court decree without acquiring jurisdiction over the case, the decision or court decree issued without authority is null and void for all intents and purposes. Jurisdiction does not attach to the judge but to the court. Notwithstanding the fact that Branch 15, RTC, Cotabato City, has jurisdiction over the subject matter of hearing annulment of marriage cases, the Court did not acquire jurisdiction over the parties because no case was actually filed with Branch 15, RTC of Cotabato City to annul the marriage of Susan E. Mercado and Adamson V. Sucaldito. Also, even though an action for an annulment of marriage is an action in rem and proceedings in rem do not require jurisdiction over the person of the defendant as a prerequisite to confer jurisdiction on the court, jurisprudence requires that the court must still have jurisdiction over the res. Jurisdiction over the res is acquired either (a) by the seizure of the property under legal process, whereby it is brought into actual custody of the law, or (b) as a result of the institution of legal proceedings, in which the power of the court is recognized and made effective. Again, based on the verification of Judge Jabido and the inventory of Annulment of Marriage/Declaration of Nullity of Marriage cases . . . there are no court records showing that any legal proceedings were instituted by Susan E. Mercado to annul her marriage with her husband, Adamson V. Sucaldito.

It is clear that no proceedings of an annulment of marriage took place and that Branch 15, RTC, Cotabato City did not acquire jurisdiction over the parties in Civil Case No. 04-2578 as well as the subject matter or res. In a long line of decisions, the Court has ruled that when a tribunal is bereft of jurisdiction over the subject matter, all proceedings before the tribunal are null and void. Moreover, an order or decision rendered by the tribunal without jurisdiction is a total nullity and may be struck down at any time. cDCSTA

xxx xxx xxx

Although no formal case has been filed to annul the marriage decree of Susan E. Mercado and Adamson V. Sucaldito and the numerous spurious annulment decrees issued by Judge Indar while he was presiding judge of Branch 15, RTC, Cotabato City, this Office humbly recommends that the Honorable Supreme Court takes cognizance of the issue at hand and [assumes] jurisdiction over the fraudulent annulment decrees issued by Judge Indar in the interest of substantial justice and equity, and declare all similar annulment decrees null and void, thereby setting them aside for future instances when inquiries are made to authenticate these court decrees. 5

We adopt the findings and recommendations of the OCA with modification.

Indeed, it has been established that Civil Case No. 04-2578 does not exist in the docket of RTC, Branch 15, Cotabato City. No formal case for the declaration of nullity of the marriage between Mercado and Sucaldito has been filed thereat. Likewise, no judicial proceedings were conducted. Accordingly, the trial court did not acquire jurisdiction over Civil Case No. 04-2578. Thus, the Judgment dated December 11, 2008 in Civil Case No. 04-2578 and penned by Judge Indar declaring the marriage between Mercado and Sucaldito as void on the ground of psychological incapacity, is null and void for all intents and purposes. Similarly, the Certificate of Finality issued by Umaima L. Silongan, Acting Clerk of Court, stating that the Judgment dated December 11, 2008 in Civil Case No. 04-2578 has become final and executory, is null and void. CTDAaE

However, this Court cannot adopt the recommendation of the OCA that "all other judgments granting the annulment or declaration of nullity of marriages issued by former Judge Cadar P. Indar . . . be declared null and void and set aside" as well. The said declaration would be so all-encompassing; this Court is not prepared to make such declaration considering that the records before us now pertain only to Civil Case No. 04-2578. The Court has no information or data regarding the other judgments supposedly rendered by Judge Indar granting annulment or declaration of nullity of marriages. At this juncture, it would be premature for us to pronounce all judgments of Judge Indar granting the annulment and declaration of nullity of marriages null and void.

ACCORDINGLY, the December 11, 2008 Judgment issued by former Judge Cadar P. Indar, Branch 15, Regional Trial Court, Cotabato City, declaring the marriage of Susan E. Mercado and Adamson V. Sucaldito null and void in Civil Case No. 04-2578 is declared NULL and VOID and SET ASIDE. The July 2, 2013 letter of Mr. Andrew Hart is NOTED. The Clerk of Court is DIRECTED to FURNISH the British Embassy Manila, the Presiding Judge of the Regional Trial Court, Branch 15, Cotabato City, the Office of the Court Administrator, and the Civil Registrar General, National Statistics Office, copies of this Resolution for their information and guidance.

SO ORDERED. SCEDaT

Very truly yours,

(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court

Footnotes

1. Rollo, unpaginated.

2. Id.

3. Id.

4. Id.

5. Id.